G.Rajesh Advocate v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.Nos.7439, 7440 & 7684 of 2020 WP.No.7439 of 2020 G.Rajesh ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Chief Secretary, Secretariat, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2.Secretary to the Government, Agriculture Department, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai - 9.

... Respondents of India praying for a Writ of Mandamus directing the second respondent to procure the perishable farm produce (fruits and vegetables) directly from the farmers at Taluk level till such time the lockdown is in force through the Agriculture Produce Marketing Committee or through any other suitable mode and to compensate the farmers or in the alternative to ensure that the existing supply chain is intact with respect to the perishable farm produce by setting up a COVID 19 - Special Committee at Taluk level for redressal of grievances of the farmers. For Petitioner .. M/s.Meera Gunasekar For Respondents .. Mr.V.Jayaprakash Narayanan, Government Pleader

WP.No.7440 of 2020 M.Mohamed Saifulla (Advocate - Madras High Court) ... Petitioner Vs.

1.The Chief Secretary of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambu Samy Road, Kilpauk, Chennai - 600 010.

3.The Additional Chief Secretary to Government, Department of Co-operation, Food and Consumer Protection, Fort.St.George, Chennai - 600 009.

4.The Secretary to Government, Fort St.George, Chennai - 600 009.

... Respondents of India praying for a Writ of Mandamus directing the respondents in pursuant of the representation dated on 04.04.2020: (a) direction to provide adequate transport facility and gunny bags to Direct Purchase Centre (DPC) for procurement of Paddy during this curfew period and (b) direction to provide fair amount for their respective paddy to the farmers forthwith. For Petitioner .. Mr.M.Mohamed Saifulla (Party-in-person) For Respondents .. Mr.V.Jayaprakash Narayanan, Government Pleader for RR1, 3 & 4 Mr.L.P.Shanmughasundaram, Special Govt. Pleader for R2

WP.No.7684 of 2020 (Suo Motu PIL) 1.The Government of Tamil Nadu, Rep. by the Chief Secretary, Fort St. George, Chennai - 600 009.

2.The Government of Tamil Nadu, Rep. by its Principal Secretary, Fort St.George, Chennai 600 009.

3.The Government of Tamil Nadu, Rep. by its Principal Secretary, Revenue and Disaster Management Department, Fort St.George, Chennai 600 009.

4.The Government of Tamil Nadu, Rep. by its Commissioner, Civil Supplies and Consumer Protection Department, 4th Floor, Ezhilagam, Chepauk, Chennai 600 005.

5.Central Warehousing Corporation of India, Rep. by its Regional Manager, Regl. office - No.1, North Avenue, Srinagar Colony, Saidapet, Chennai 600 015.

6.Tamil Nadu Warehousing Corporation, Rep. By its Managing Director, No.82, Anna Salai, Guindy, Chennai - 600 032.

7.The Tamil Nadu Civil Supplies Corporation, Rep. by the Managing Director, No.12, Thambu Swamy Road, Kilpauk, Chennai - 10.

(R7 - Suo Motu impleaded as per Court Order dated 27.05.2020) of India praying for a Writ of Mandamus directing the respondents to take emergent preventive steps by providing proper infrastructures and storage facilities / warehouse for procurement and transportation of the harvested paddy in all Delta Region of Tamil Nadu during the intervention of the weather crisis by implementing the Press Release of the Honourable Chief Minister of Tamil Nadu, dated 26.04.2020 in Se.Ku.No.053 and also G.O.Ms.No.193 dated 15.04.2020 of the

Revenue and Disaster Management (DM-II) Department and submit a report before this Court.

Mr.V.Jayaprakash Narayanan, Government Pleader for 1 to 4 COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) As the issues involved in all the writ petitions are one and the same, they have been taken up together and a common order is passed.

2. The sum and substance of the grievance of the petitioner is with respect to the free transport of agricultural produce from the fields of agricultural lands to the godown having storage facilities. A brief counter affidavit has been filed by the second respondent narrating various measures taken, including the lockdown period. As of now, there is no lock down.

3. Mr.V.Jayaprakash Narayanan, learned Government Pleader appearing for the respondents, submits that even during the period of lock down, there is no restrictions for transport of agricultural products are concerned.

1. On a perusal of the affidavit filed, we are satisfied with the steps taken.

As stated, the lock down has been released out and therefore, there is no difficulty in ingress and egress of the agriculturists.

2.

5. In such view of the matter, no further order is required in these writ petitions and the same are closed. No costs. Consequently, connected miscellaneous petitions are also closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar raa

To 1.The Chief Secretary, State of Tamil Nadu, Secretariat, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2.Secretary to the Government, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai - 9.

3.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambu Samy Road, Kilpauk, Chennai - 600 010.

4.The Additional Chief Secretary to Government, Department of Co-operation, Food and Consumer Protection, Fort.St.George, Chennai - 600 009.

5.The Principal Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

6.The Principal Secretary, Government of Tamil Nadu, Revenue and Disaster Management Department, Fort St.George, Chennai 600 009.

8.The Commissioner, Government of Tamil Nadu, Civil Supplies and Consumer Protection Department, 4th Floor, Ezhilagam, Chepauk, Chennai 600 005.

9.The Regional Manager, Central Warehousing Corporation of India, Regl. office - No.1, North Avenue, Srinagar Colony, Saidapet, Chennai 600 015.

10.The Managing Director, Tamil Nadu Warehousing Corporation, No.82, Anna Salai, Guindy, Chennai - 600 032.

+1 cc to Mr.L.P.Shanmugasundaram Advocate sr24950 W.P.Nos.7439, 7440 & 7684 of 2020 aa30/07/2020